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MATTER OF HOM-DE-LITE REALTY CORP. v. TRIMBOLI

28 A.D.2d 1127 (1967)

In the Matter of Hom-De-Lite Realty Corp., Appellant, v. Steven R. Trimboli, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1967

Although it is not expressly provided in CPLR 6214 (subd. [d]) that the plaintiff in the action may avail himself of the remedy in question as against the defendant in the action, as distinguished from a garnishee, related statutory provisions make clear the intent of the Legislature that the remedy is available against the defendant (CPLR 5225, 6202; see, McKinney's Cons. Laws of N. Y., Book 1, Statutes, § 111; Matter of Capone v. Weaver, 6 N...

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